Summary
These proposed rule changes will accommodate the projected increase in demand for encroachment permits to access its right of way that development of fifth generation (5G) mobile broadband technology is certain to cause. These proposed changes: 1) clarify businesses to which the rule applies and makes numerous other clarifications; 2) add a definition for "buffer zone"; 3) delete the definition for "License Agreement or Statewide Utility License Agreement"; 4) add a definition for "Small Wireless Facility"; 5) change the definition of "Utility" or "utility facility" to reflect the definition included in Section 72-6-116; 6) add several requirements a utility company must satisfy to install a facility within the Department's right of way; 7) increase the liability insurance minimum to $3,000,000 from $2,000,000 in aggregate to conform to current state risk management policy; 8) make several material changes to the depth of bury requirements; 9) add a requirement that utility companies submit documentation requesting installation on a highway structure to the Department through the Department�s permitting system for review and possible approval; 10) add a requirement that all components of the utility attachment be protected from corrosion; 11) allow existing utility facilities to remain within the right of way acquired for an interstate, freeway, or access-controlled highway project may remain if they remain outside of the pavement section and within five feet of the outer most right of way limits; 12) clarify the restriction against utility companies beginning any utility construction work on the Department's right of way until the required permit is issued and notice to proceed is given to the utility company by the Department; 13) clarify that utility companies are responsible to maintain their facilities and liability for all harm that that may arise that is related to or as a result of its utility facilities and appurtenances, whether operational, out of service, or abandoned, on or in the Department right of way or Department property; 14) clarify that other than highway appurtenances, the Department is not responsible to maintain any facility within the highway right of way or UDOT property; and 15) make technical and grammatical changes.